TNAG-2831-FCO40-4084-Aviation-security-in-Hong-Kong-1993 — Page 18

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Ch. 52

Interpretation,

etc.

Tokyo Convention Act 1967

(b) any provision made by regulations or Order in Council by virtue of that subsection and in force immediately before the commencement.of this subsection shall continue in force as if contained in regulations made by the Board of Trade under this subsection until varied or revoked by regulations so made.

(3) Any regulations made under this section shall be made by statutory instrument and be subject to annulment in pursuance of a resolution of either House of Parliament.

7.—(1) In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

"aircraft" means any aircraft, whether or not a British-

controlled aircraft, other than-

(a) a military aircraft; or

(b) an aircraft which, not being a military aircraft, belongs to or is exclusively employed in the service of Her Majesty in right of the United Kingdom; but Her Majesty may by Order in Council, which may be varied or revoked by a subsequent Order in Council, provide that any of the provisions of this Act shall apply with or without modifications to aircraft such as are mentioned in paragraph (b) of this definition; "British-controlled aircraft" means an aircraft-

(a) which is for the time being registered in the United

Kingdom; or

(b) which is not for the time being registered in any country but in the case of which either the operator of the aircraft or each person entitled as owner to any legal or beneficial interest in it satisfies the following requirements, namely-

(i) that he is a person qualified to be the owner of a legal or beneficial interest in an aircraft registered in the United Kingdom; and

(ii) that he resides or has his principal place of business in the United Kingdom; or

(c) which, being for the time being registered in some other country, is for the time being chartered by demise to a person who, or to persons each of whom, satisfies the requirements aforesaid; commander" in relation to an aircraft means the member of the crew designated as commander of that aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

葡萄

Tokyo Convention Act 1967

CH. 52

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Convention country" means a country in which the Tokyo Convention is for the time being in force; and Her Majesty may by Order in Council certify that any country specified in the Order is for the time being a Convention country, and any such Order in Council for the time being in force shall be conclusive evidence that the country in question is for the time being a Convention country but may be varied or revoked by a subsequent Order in Council; "military aircraft" means-

C

| A

(a) an aircraft of the naval, military or air forces of

any country; or

(b) any other aircraft in respect of which there is in

force a certificate issued in accordance with any Order in Council in force under the Civil Aviation 1949 c. 67. Act 1949 that the aircraft is to be treated for the purposes of that Order in Council as a military aircraft:

and a certificate of the Secretary of State that any aircraft is or is not a military aircraft for the purposes of this Act shall be conclusive evidence of the fact certified: operator" in relation to any aircraft at any time means the person who at that time has the management of that aircraft:

"pilot in command" in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;

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"

Tokyo Convention means the Convention on Offences and certain other Acts Committed on board Aircraft signed at Tokyo on 14th September 1963.

(2) For the purposes of this Act, the period during which an aircraft is in flight shall be deemed to include---

(a) any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run (if any) at the termination of that flight ends; and

(b) for the purposes of section 3 of this Act-

(i) any further period from the moment when all external doors, if any, of the aircraft are closed following embarkation for a flight until the moment when any such door is opened for disembarkation after that flight ; and

(ii) if the aircraft makes a forced landing, any period thereafter until the time when competent authorities of the country in which the forced landing